MANJU Vs. BALWANTRAY MEHTA

JUDGEMENT

(1.) Petitioner, who is the wife of late Sh. Om Prakash, seeks compassionate appointment with the respondent No. 2/ Balwantray Mehta Vidya Bhawan Sr. Sec. School.

(2.) Compassionate appointment can only be granted in terms of an applicable policy and on the aspirant satisfying the requirements of the policy. Under certain compassionate policies, there is a quota for appointment and subject to vacancies arising in that quota, appointment can be made. Also entitlement to compassionate appointment in certain policies is only for a certain number of years. A reading of the writ petition shows that there is no reference to the policy of the respondent No.2/school or of the respondent No.3/Director of Education, what are its requirements, how the petitioner meets the requirements, whether under the policy there is a specific quota and whether vacancy exists in that quota for appointment of the petitioner, and all of which aspects have to be looked into before compassionate appointment could be given.

(3.) Law on the aspect of compassionate appointment is stated recently by the Supreme Court in the case of State Bank of India and Anr. Vs. Raj Kumar, 2010 3 Scale 635. The relevant paras of this judgment of Supreme Court are paras 6 to 8 which read as under: